, in relation to the ACMA, has the meaning given by section10. means a Division as described in section46. , in relation to a hearing, inquiry or investigation, has the meaning given by section4. means a hearing held, or proposed to be held, by the ACMA under Part13 of the. (b) would have been entitled to prevent another person from passing off, by means of the use of the name or the symbol or a similar name or symbol, goods or services as the goods or services of the firstmentioned person. provide employees and their representatives with information about the proposed change, invite the employees and their representatives to give their views about the impact of the proposed change, including any impact on family and caring responsibilities. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Check that the language you use is clear and will not intimidate or offend the recipient. Cooperation means working together harmoniously to find solutions. Communication in the workplace Good communication practices can help prevent workplace problems from occurring, and resolve issues quickly. (1) Sections51 and 52 do not apply to a power to make, vary or revoke an instrument that is a legislative instrument. See section23 of the Public Governance, Performance and Accountability Act 2013. (4) A parttime member may be assigned by the Minister, acting on the ACMAs advice, on a fulltime basis to an inquiry, investigation or hearing. For more information about any editorial changes made in this compilation, see the endnotes. This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. (1) The ACMA may make a written determination defining 1 or more expressions used in specified instruments, being instruments that are made by the ACMA under 1 or more specified laws of the Commonwealth. These include: Discussing workplace issues can be difficult for both employers and employees, especially when emotions are involved. Workplace problems Problems happen in every workplace from time to time. 13 14 50. Note: A Division cannot perform any of the ACMAs functions, or exercise any of the ACMAs powers, other than those delegated to the Division under section50. Ethics, Integrity and Professional Standards Policy Manual | Australian Consultation clauses generally require consultation where an employer has decided to introduce major changes in production, programming, organisation, structure or technology that are likely to significantly affect employees. outlining where staff can access dispute resolution processes. (b) Australian Communications and Media Authority. 53 Limit on powers delegable to persons other than Divisions. Raising issues in the workplace may be uncomfortable, whether that be with your employer, employee, or a colleague. (4) The ACMA must perform its functions, and exercise its powers, in a manner consistent with any directions given by the Minister under subsection(1). exp = expires/expired or ceases/ceased to have, (md) = misdescribed amendment can be given, Application, saving and transitional provisions, Australian Communications and Media Authority Act 2005, s368: 1July 2005 (s2(1) item2) Remainder: 1 Apr 2005 (s 2(1) item1), Do Not Call Register (Consequential Amendments) Act 2006, Sch1 (item42): 31May 2007 (s2(1) item3), Broadcasting Services Amendment (Collection of Datacasting Transmitter Licence Fees) Act 2006, Communications Legislation Amendment (Content Services) Act 2007, Sch1 (items17): 20Jan 2008 (s2(1) item2), Telecommunications (Interception and Access) Amendment Act 2007, Sch1 (items13, 68): 1Nov 2007 (s2(1) item2), Communications Legislation Amendment (Information Sharing and Datacasting) Act 2007, Sch1 (items14, 69): 29Sept 2007 (s2(1) item2) Sch1 (item5): 20Jan 2008 (s2(1) item3), Sch5 (item137(a)): 1Mar 2010 (s 2(1) item38), Trade Practices Amendment (Australian Consumer Law) Act (No. Workplace Relations Act 1996 - Legislation Once youve determined your position, you should consider: A best practice workplace involves more than just understanding and complying with the law. Find more information in our Consultation and cooperation in the workplace guide. Have you recorded any decisions made and the reasons why? (3) This section has effect subject to the Remuneration Tribunal Act 1973. Below are initiatives and suggestions that can help you move your business towards best practice. It makes sense to spend some time with them to explain how the business expects employees to communicate with each other. (3) Subsection(2) does not limit subsection(1). ACMA to maintain Register of policy notifications and Ministerial directions, (b) the contents, immediately before the commencement of section6 of this Act, of the register maintained under section56 of the. The ACMA must keep a record of decisions made in accordance with section44. Select the topic below for information and links to each piece of legislation. (e) a foreign country is responsible for the regions international relations. Good communication starts from the day you hire a new employee. means the Australian Communications and Media Authority. 2. (2) Subsection(1) applies only if the Division: (b) has determined the method by which the members in the Division are to indicate agreement with proposed decisions. The Fair Work Act sets out other situations where an employer must engage with its employees or their representatives. The ACMA must keep minutes of its meetings. (1) An associate member holds office for the period specified in his or her instrument of appointment. (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (b) the Chair is the accountable authority of the ACMA; and, (c) the ACMA officials are officials of the ACMA; and. Victoria is the only jurisdiction who has not implemented the model WHS laws. Consultation is also required in some situations. (5) This section does not affect the Ministers powers under the Broadcasting Services Act 1992 to give directions to the ACMA. (6) The prosecution bears the evidential burden, and the legal burden, in relation to the matters in subsections(3), (4) and (5) (despite subsection13.3(3) of the Criminal Code). How will management and employees work together to identify and solve issues? (1) The ACMA is to hold such meetings as are necessary for the efficient performance of its functions. 18 Act may exclude State and Territory laws in other cases Part 2Australian Fair Pay Commission Part 3Australian Industrial Relations Commission Part 4Australian Industrial Registry Part 5The Employment Advocate (2) Sections51 and 52 do not apply to a power to do any of the following under the Broadcasting Services Act 1992: (b) decide that a person is not suitable to be allocated or to continue to hold a licence; (c) impose, vary or revoke a condition on a licence (other than a timing condition on a temporary community broadcasting licence); (d) determine, vary or revoke a program standard; (g) prepare or vary licence area plans under section26 of that Act; (h) give an opinion under section21 or 74 of that Act; (i) approve or refuse to approve temporary breaches under section67 of that Act; (j) make, vary or revoke a determination under section103L of that Act; (k) issue, or extend the time for compliance with, a notice (other than a notice under Division10A of Part5 of that Act or a notice under Part9C of that Act, a notice under Schedule8 to that Act or a notice under any other provision of that Act so far as that provision relates to Schedule8 to that Act); (l) refer a matter to the Director of Public Prosecutions; (3) Subsection(2) does not limit the generality of subsection(1). (3) A member, other than the Chair or the Deputy Chair, may be appointed as a fulltime member or as a parttime member. Know your rights and obligations - Fair Work Ombudsman visitors. It will not be expanded to deal with provisions inserted in this Act after assent. Telecommunications interception and surveillance - Home Affairs Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021. Awards contain standard consultation clauses. Thank you for your feedback. Australia's national workplace relations system - Department of Good communication practices can help prevent workplace problems from occurring, and resolve issues quickly. The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. (c) is, for any reason, unable to perform the duties of the office. (5) For the purposes of subsection(2), a period of appointment includes (in addition to any periods when the person was an associate member of the ACMA): (a) a period when the person was a member of the ACMA; or, 26 Acting appointmentsassociate members. An 'open door' policy - this means that owners or managers commit to being open and responsive to any work-related matters their employees want to bring to them Meetings - this could include team meetings, toolbox talks or 'town hall' meetings for the whole workforce. The ACMA may, subject to this Division, regulate proceedings at its meetings as it considers appropriate. Division4Requirements relating to these functions and powers. sch 2 (items 17-87 . If you are unsure about how it applies to your situation you can call our Infoline on 13 13 94 or speak with a union, industry association or a workplace relations professional. 3.4.10 The Fair Work Act 2009 provides that a worker may apply to the Fair Work Commission for an order to stop bullying at work from continuing. by associate members at meetings. Leadership in official languages calls on all managers in institutions: to respect the language-of-work rights of employees; to create and maintain a workplace that is conducive to the use of English and French in bilingual regions . A member or associate member may resign his or her appointment by giving the appointer a written resignation. (2) For the purpose of advising a Minister administering a particular provision of an Act, an ACMA official may disclose authorised disclosure information relating to a matter arising under that provision to: (a) the Secretary of the Department that is administered by that Minister; or. they decide to dismiss 15 or more employees for economic, technological, structural or similar reasons; and. The employees reported feeling better because they had the chance to offer their views and suggestions about the changes. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation (md) added to the details of the amendment included in the amendment history. Employers should be aware they might have additional consultation duties with employees who have health, safety and welfare issues in the workplace. Most awards and agreements require making a copy of the award or enterprise agreement available and easily accessible to staff. However, a later appointment must not result in the sum of the persons periods of appointment exceeding 10 years. Management and employees then work together to identify any workforce issues or problems arising out of the change and agree on ways to solve those problems. 10 ACMAs broadcasting, content and datacasting functions, 15 ACMA not otherwise subject to direction, 16 Consistency with CER Trade in Services Protocol, 17 ACMA to consult ACCC in relation to management of electronic addressing, 23 Acting appointmentsmembers other than the Chair, 25 Period of appointment for associate members, 27 Associate members to be treated as members for certain purposes in other Acts, Part4Decision-making and delegation by ACMA, 40 Participation etc. (3) Nothing in this section limits the generality of anything else in it. Workplace Relations Regulations 2006 Select Legislative Instrument No. when bargaining in good faith in the negotiation of the terms of an enterprise agreement, where an employee who is entitled to request a flexible working arrangement makes such a request, when negotiating an individual flexibility arrangement with an employee under an award or enterprise agreement, when an employee is on parental leave, and the employer makes a decision that will have a significant effect on the employees pre parental leave position. Find out more about workplace entitlements and obligations during coronavirus, including consultation requirements, at coronavirus.fairwork.gov.au. Under occupational health and safety legislation, employers and employees are required to comply with any measures that promote health and safety in the workplace. Printed from fairwork.gov.au (2) A person can be appointed as an associate member more than once. The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): authorised republications to which the Call through the National Relay Service (NRS): The Fair Work Ombudsman is committed to providing you with advice that you can rely on. Chair not subject to direction by ACMA on certain matters, The Chair is not subject to direction by the ACMA in relation to the Chairs performance of functions, or exercise of powers, under the, Determinations may define expressions by reference to other instruments, (4) Subsection(1) has effect despite anything in the, Person not to use protected name or protected symbol, Note: A defendant bears an evidential burden in relation to the matter in subsection(2) (see subsection13.3(3) of the, (a) a trade mark that is registered under the, (b) a design that is registered under the, (5) Subsection(1) does not apply to a person who uses or applies a protected name or a protected symbol for the purpose of labelling customer equipment or customer cabling in accordance with section407 of the, (6) The prosecution bears the evidential burden, and the legal burden, in relation to the matters in subsections(3), (4) and (5) (despite subsection13.3(3) of the. If you have a question or concern about your job, entitlements or obligations, please Contact us. Our online courses can help you be more confident having difficult conversations in the workplace. When assessed against business requirements, how have the information and ideas shared by staff affected your position? It is the foundation of all minimum standards and regulations for employment that fall within the national workplace system. communicate face to face wherever possible, especially for important messages, give the communication your full attention, make your communication as clear and as honest as you can, listen reflectively and actively and check that you have heard the message correctly, respond respectfully, be empathetic (I can appreciate why you feel that way), pay attention to body language and non-verbal triggers, be aware that different cultures have different ways of communicating respectfully (for example not making eye contact or favouring private rather than public praise). Consultation and cooperation in the workplace - Fair Work Superseded. (2) An ACMA official may disclose to a Minister authorised disclosure information that relates to a matter arising under a provision of an Act that is administered by that Minister. Log in now to save this page to your account. (f) a protected symbol, or a symbol so closely resembling a protected symbol as to be likely to be mistaken for it. If you have a question or concern about your job, entitlements or obligations, please Contact us. (b) when the member leaves the meeting concerned there is no longer a quorum present; the remaining members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter. 1) 2015, Sch 2 (items79) and Sch 7: 14 Apr 2015 (s 2), Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015, Sch 1 (item486): 5 Mar 2016 (s2(1) item2), Sch 1 (item495): 5 Mar 2016 (s2(1) item2), Omnibus Repeal Day (Autumn 2014) Act 2014, Sch 2 (items5, 24): 17Oct 2014 (s 2(1) item2), Broadcasting and Other Legislation Amendment (Deregulation) Act 2015, Sch 1 (item1): 20 Mar 2015 (s 2(1) item2) Sch 2 (item1): 19 Mar 2015 (s 2(1) item3), Enhancing Online Safety for Children (Consequential Amendments) Act 2015, Sch 2 (items18) and Sch 3: 1July 2015 (s 2(1) items4, 6), Telecommunications Legislation Amendment (Deregulation) Act 2015, Sch 1 (items46, 138163): 1July 2015 (s 2(1) item3) Sch 2 (items1, 2): 14 Apr 2015 (s2(1) item4), Sch 1 (item44): 5 Mar 2016 (s 2(1) item2), Enhancing Online Safety for Children Amendment Act 2017, Sch 1 (items28, 29, 4851): 23June 2017 (s2(1) item1), Interactive Gambling Amendment Act 2017, Sch 1 (items15, 147149): 13 Sept 2017 (s 2(1) item2), Sch 1 (items3, 4): 20Sept 2017 (s 2(1) item2), Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017, Sch 5 (items1113, 2225) and Sch 6 (items1, 2, 3842): 17 Oct 2017 (s 2(1) items12, 13, 15), Sch 5 (items2225) and Sch 6 (items3842), Intelligence Services Amendment (Establishment of the Australian Signals Directorate) Act 2018, Sch 1 (items44, 100108): 1July 2018 (s 2(1) item2), Communications Legislation Amendment (Online Content Services and Other Measures) Act 2018, Sch 1 (items1, 2): 12Apr 2018 (s 2(1) item1), Broadcasting Legislation Amendment (Foreign Media Ownership, Community Radio and Other Measures) Act 2018, Sch 1 (item1): 1 Sept 2018 (s 2(1) item1). (2) Subsection(1) applies in addition to any rules made for the purposes of that section. This Act may be cited as the Australian Communications and Media Authority Act 2005. Employment 8. Some meetings were 1-on-1 and some were in teams. Best practice employers communicate with employees about the business impacts of coronavirus and consult with employees about how they might change their operations and respond to new opportunities. If section60, or a provision of another Act, authorises the ACMA to fix a charge (however described), that charge is payable to the Commonwealth. 67 ACMA to maintain Register of policy notifications and Ministerial directions. Consultation is most effective when its carefully considered and planned. Transport, Regional Development and Communications: Incorporated Amendments. Under section 184 of the Criminal Code, it is only illegal (i.e. (c) Part5 of Schedule6 to the Broadcasting Services Act 1992. listed carriage service has the same meaning as in the Telecommunications Act 1997. member means a member of the ACMA, and does not include an associate member. 15 Compilation date: 1 July 2015 Includes amendments up to: SLI No. Complete our free Difficult conversations in the workplace online courseto learn practical tips to manage conversations and achieve positive outcomes. The Corporations Act 2001 is the main legislation regulating companies in Australia. by associate members at meetings, 48 Division can make decisions without meetings, 53 Limit on powers delegable to persons other than Divisions, 55 Arrangements with authorities of the Commonwealth, 59B Disclosure to public servants for advising their Ministers, 59F Disclosure of publicly available information, 59G Disclosure of summaries and statistics, 59J This Part does not limit disclosure by ACMA official, 59K Relationship with Part13 of the Telecommunications Act 1997, 59L Delegation of Chairs powers under this Part, 61 Charges are payable to the Commonwealth, 62 ACMAs expenses include related Commonwealth expenses. (1) For the purposes of a reference in an Act other than this Act to a member of the ACMA, an associate member is taken to be a member for all purposes in connection with any inquiry, investigation, hearing or other matter specified in his or her instrument of appointment. Note 1: Paragraph 11(1)(a) is about the ACMA preparing to provide for the management of electronic addressing, and paragraph11(1)(b) is about the ACMA providing for the management of electronic addressing. (4) A Division can also include 1 or more associate members as chosen from time to time by the ACMA if, for that associate member, or for each of those associate members, the kinds of matters the Division can deal with include a matter connected with an inquiry, investigation, hearing or other matter specified in the associate members instrument of appointment. (5) A member or associate member can be in more than 1 Division. Employees have a diverse range of backgrounds and life experience. Use our Find My Award toolat www.fairwork.gov.au/findmyaward or visit the Fair Work Commissions Agreements page at www.fwc.gov.au/agreements to find the award or agreement that applies to your workplace. 95, 2015 Registered: 1 September 2015 About this compilation Section 3: Relationships in the workplace | Australian Public Service The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Call through the National Relay Service (NRS): The Fair Work Ombudsman is committed to providing you with advice that you can rely on. This includes laws applying to the monitoring and recording of telephone conversations. Relationship with Part13 of the. Skip to primary navigation Skip to primary content. How will you help your employees understand the change and its potential impact on them? 27 Associate members to be treated as members for certain purposes in other Acts. 48 Division can make decisions without meetings. (b) as in force or existing from time to time; even if the other instrument or writing does not yet exist when the determination is made. requires the employer to consult with employees about any major workplace changes or changes to their regular roster or ordinary hours of work. Participation etc. The changes must not change the effect of the law. Log in now to save this page to your account. Managing WHS may initially cost money and time to implement safe practices and install safety equipment.
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